Deschutes County Rural Accessory Dwelling Unit* (ADU) Update

The Deschutes County Board recently gave the green light to amendments concerning Rural Accessory Dwelling Units (ADUs), influenced by Senate Bills 391 and 644. The objective is to establish guidelines for rural ADUs in Oregon's rural zones, promoting housing diversity. Alterations have been made to the Deschutes County Code, focusing on property size, ADU dimensions, and proximity to fire protection. Notably, wildfire regulations continue to be a significant concern, with ongoing revisions expected.

Latest Update: On August 9, 2023, the Deschutes County Board of Commissioners convened to discuss and deliberate on this proposal. They unanimously approved the proposed amendments, albeit with specific modifications. The final adoption of these changes is anticipated in the coming weeks. We encourage you to check our site for the finalized amendments and their implementation timeline.

Summary of Amendments: The primary objective of these amendments is to establish local standards for rural ADUs in alignment with Senate Bills 391 and 644.

Modifications to Deschutes County Code (DCC):

- DCC 18.32, 18.60, 19.12, 19.20, and 19.22 now officially include rural ADUs as an authorized use in marked rural residential exception territories, including the Multiple Use Agricultural Zone and Rural Residential Zone.

- DCC 18.116 and 19.92 introduce definitions and approval standards for rural ADUs, aligning with SB 391 requirements.

- DCC 22.04 now designates rural ADUs as a permit type requiring Lot of Record Verification prior to establishment.

Context and Background: Rural residential zones are scattered throughout Oregon, lying beyond urban growth boundaries. Historically, they lacked diverse accessory dwelling opportunities by right, posing a challenge for inter-generational and alternative housing options. The enactment of SB 391 by the Oregon Legislature in 2021 marked a significant shift in addressing this issue.

State-Set ADU Standards: Key criteria outlined in Senate Bill 391 include:

- Adoption of ADU ordinances for rural residential zones by a county.

- Parcel sizes of two acres or more with an existing single-family dwelling.

- Proximity to a fire protection service provider.

- Compliance with state laws regarding sanitation, water supply, wastewater disposal, and siting standards, limiting usable floor space to 900 sq. ft.

ADU Limitations: Various restrictions apply to these units, such as specified distance from the main dwelling, restrictions against short-term vacation rentals, subdivisions, and placement in urban reserves.

Update on Wildfire Regulations: While SB 391 initially incorporated wildfire hazard mitigation measures, public concern led to a reevaluation. The Oregon Department of Forestry (ODF) withdrew its initial risk map in July 2022. Further updates are awaited, especially in light of the recently passed Senate Bill 644 on May 8, 2023.

Current Status of the Proposal: As previously mentioned, the Deschutes County Board of Commissioners approved the proposed amendments with specific modifications. However, applications are pending the updated Oregon Wildfire Risk Map. We encourage our patrons to stay informed for the finalized details that will be forthcoming.

- An Accessory Dwelling Unit (ADU), known by various names such as "Granny flats," "in-law suites," "secondary suites," "backyard cottages," "carriage houses," "laneway houses," "garden suites," "basement apartments," "garage apartments," "companion units," "tiny houses," "bonus units," or "guest houses," is a secondary living space on the same lot or within the same structure as the primary residence. These units offer a versatile, independent living space that complements the main residence and can serve various familial and living arrangements.